What Can I Do on a B1 B2 Visa?

By
The Alagiri Immigration Law Firm
|January 21, 2018

Many people want to know: what can I do on a B1 B2 visa? If your visa says
R-Type B1 B2,
we've covered how long you can stay here. But other common question are, what can I do on a b1 b2 visa? Can I work?
Study? Consult? Read on to learn what sort of activities you can partake
in - and which you can't - on a b1 or b2 visitor visa.

Is it possible to work on short-term consulting projects in the US on a
B1/B2 visa?

If you’re coming to the U.S. to perform productive labor, then you
would need a work visa like the TN or H-1B visa. If you’re coming
simply to meet with clients, obtain information, or other such similar
activity, and then will return home to actually perform the work, then
you can use the B-1 visa. When you apply for the B-1 visa, you would have
to show ties to your home country and be paid in your home country.

If you need to come in for short-term employment, then you can look into
applying for the “B-1 in lieu of H-1B” visa, which would permit
you to come to the U.S. for a few months as long as you meet the requirements
of both the B-1 and H-1B visas. The “B-1 in lieu of H-1B”
visa would be an alternative to the TN or H-1B visas.

Can a person on a B-1/B-2 visa to enroll in school in the US?

In general, B-1/B-2 visa holders are not permitted to attend school in
the United States. In order to attend school, the B-1/B-2 visa holder
must apply for a change of status to either an F-1 (academic student)
visa or an M-1 (vocational student) visa.

Some exceptions, however, do exist. B-1/B-2 visa holders may engage in
study that is recreational, casual, short-term or avocational in nature.
Minor aged children may also be permitted to attend school if accompanying
a parent to the U.S. and is only attending school while the parent is
pursuing his or her primary reason for the U.S. visit.

If I’m in the U.S. on the B-1 or B-2 visitor visa, can I change status
to another visa category or do I have to leave the U.S. to apply?

If you have a B-1 or B2 visitor visa and you want to change visa category,
you do not have to leave the US to apply, however it's best to wait
until at least 61 days after entry on the B1 or B2 visa. This is due to
what the USCIS "rule" called the 30/60 day rule. When a person
enters the U.S. in the B1 or B2 visa category and then files an application
for a change of status to another non-immigrant visa category or for an
adjustment of status to a green card holder, the way the USCIS evaluates
your application depends on when you apply.

If the person makes such an application to change from a B1 or B2 visa
to any other visa within 30 days of their first entry into the United
States, USCIS will presume the person has acted in bad faith. That means,
they USCIS believes that the person already had plans to change visas
before they even arrived, rather than legitimately coming as a visitor.
This is generally considered to be bad practice and could detrimentally
affect your visa change application.

If the application is made between 31-60 days after entry, USCIS will not
presume bad faith, but there will be a strong suspicion that the person
may have acted in bad faith and the case will be scrutinized carefully.
Whenever possible, it's advised to wait to apply for a status change
until having been in the country for at least 60 days. In that case, the
USCIS will assume the applicant is acting in good faith and will be more
likely to get approved.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.